Committee Report

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Calendar No. 179
113th Congress Report
SENATE
1st Session 113-101
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PUBLIC LANDS SERVICE CORPS
_______
September 10, 2013.--Ordered to be printed
_______
Mr. Wyden, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 360]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 360) to amend the Public Lands Corps Act
of 1993 to expand the authorization of the Secretaries of
Agriculture, Commerce, and the Interior to provide service
opportunities for young Americans; help restore the nation's
natural, cultural, historic, archaecological, recreational and
scenic resources; train a new generation of public land
managers and enthusiasts; and promote the value of public
service, having considered the same, reports favorably thereon
with amendments and recommends that the bill, as amended, do
pass.
The amendments are as follows:
1. On page 13, strike lines 10 and 11, and insert the
following:
``(A)(i) be between the ages of 15 and 25,
inclusive; or
``(ii) in the case of a military veteran, be
not older than 35; and
2. On page 14, strike line 2 and insert the following:
``or educationally disadvantaged.
``(7) Local preference.--The Secretary may establish
a preference for enrollment of Corps participants
individuals who live in that State or region.'';
3. Beginning on page 15, strike line 1 and all that follows
through page 16, line 17, and insert the following:
(5) by inserting after subsection (d) (as
redesignated by paragraph (1)) the following:
``(e) Training.--For purposes of training, the Secretary
shall take into account training already received by Corps
participants enrolled from qualified youth or conservation
corps.'';
4. Beginning on page 22, strike line 7 and all that follows
through page 23, line 22, and insert the following:
(1) in subsection (b)--
(A) by striking ``The Secretary'' and
inserting the following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Temporary housing.--The Secretary may make
arrangements with another Federal agency, State, local
government, or private organization to provide
temporary housing for Corps participants as needed and
available.
``(3) Transportation.--In project areas where Corps
participants reside at their own homes, the Secretary
may provide transportation to and from project
sites.'';
5. On page 23, line 23, strike ``(4)'' and insert ``(2)''.
6. On page 23, line 24, strike ``(f)'' and insert ``(e)''.
7. On page 24, line 1, strike ``(5)'' and insert ``(3)''
8. On page 24, strike lines 3 through 7.
9. On page 24, line 8, strike ``(e)'' and insert ``(d)''.
10. On page 24, line 14, strike ``(6) in subsection (f)'' and
insert ``(4) in subsection (e)''.
11. On page 24, line 15, strike ``(4)'' and insert ``(2)''.
Purpose
The purpose of S. 360 is to improve and expand the
activities carried out under the Public Lands Corps Act of
1993.
Background and Need
The Public Lands Corps was established by the Public Lands
Corps Act of 1993 (Public Law 103-82; hereinafter ``the 1993
Act'') to encourage young adults to carry out a wide range of
service projects on public lands. The National Park Service has
supported a wide range of Public Lands Corps projects since
1997, but the authority was not used by other agencies. In
2005, the 1993 Act was amended to expand the use of the Corps
and the opportunities it promised for young people around the
country. While youth conservation corps have a strong record of
restoring, maintaining, and improving public lands in a cost-
effective and efficient manner working in partnership with
Federal land management agencies, the 2005 amendments
nevertheless had a limited effect on expanding the use of the
program.
Corps programs benefit young men and women by providing
them with public service, service-learning, job training, and
work opportunities. They also introduce a diversity of young
people to careers in natural and cultural resource stewardship
and public service by working directly with conservation
professionals in land management agencies. This work also
promotes the understanding of and appreciation for the
agencies' missions, and provides potential pathways to Federal
careers in the public land management agencies, which are in
need of a new generation of employees.
S. 360 would expand and strengthen the 1993 Act by creating
a ``consulting intern'' program for graduate students who help
agencies carry out management analysis activities, facilitating
career placement for corps participants, emphasizing
partnerships and learning opportunities, authorizing additional
financial and administrative support for corps participants,
and establishing an Indian Youth Service Corps to be managed by
tribally authorized organizations. S. 360 also diversifies the
types of projects and activities that may be carried out by the
corps, including such activities as historical and cultural
research, museum curatorial work, oral history projects,
documentary photography, public and web information and
services, and visitor safety projects.
Legislative History
S. 360 was introduced by Senators Udall of New Mexico,
Heinrich, Boxer, Begich, and Coons on March 14, 2013. A hearing
was held on the bill by the Subcommittee on Public Lands,
Forests, and Mining on April 25, 2013. At its business meeting
on June 18, 2013, the Committee ordered S. 360 favorably
reported with amendments.
A similar bill was introduced by Senator Bingaman in the
112th Congress, S. 896. The Subcommittee on Public Lands and
Forests held a hearing on S. 896 on May 18, 2011 (S. Hrg. 112-
39). At its business meeting on November 10, 2011, the
Committee on Energy and Natural Resources ordered S. 896
favorably reported with amendments (S. Rpt. 112-120).
Similar bills, S. 1442 and H.R. 1612, were introduced by
Senators Bingaman and Representative Grijalva, respectively, in
the 111th Congress. The Subcommittee on Public Lands and
Forests held a hearing on the bills on October 29, 2009 (S.
Hrg. 111-223), and H.R. 1612 was ordered reported on a voice
vote with an amendment in the nature of a substitute at the
Committee's business meeting on July 21, 2010 (S. Rept. 111-
323).
Committee Amendment
At its business meeting on June 18, 2013, the Committee
adopted 11 amendments. The first amendment expands the
eligibility for enrollment as a Corps participant to military
veterans no older than 35. The second amendment establishes a
preference for participants who live in that state or region.
The third amendment strikes language establishing a training
program for the Public Service Corps and inserts language
instructing the Secretary to take into account training already
received by participants enrolled from qualified youth or
conservation groups. The fourth and eight amendments strike
certain provisions in the bill as introduced related to
residential conservation centers. The fifth, sixth, seventh,
ninth, tenth, and eleventh amendments make technical and
conforming changes.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on June 18, 2013, by a voice vote of a
quorum present, recommends that the Senate pass S. 360, if
amended as described herein. Senators Barrasso, Risch, Lee,
Flake, Scott, and Portman asked to be recorded as voting no.
Section-by-Section Analysis
Section 1 provides the short title for the Act.
Section 2 changes the short title of the Public Land Corps
Act of 1993 to the ``Public Land Service Corps Act of 1993''
and provides that references to the original short title shall
be considered references to the amended short title.
Section 3 provides that ``the Act'' in the Public Lands
Service Corps Act of 2013 refers to the Public Lands Service
Corps Act of 1993.
Section 4 amends the substantive provisions of the Public
Lands Service Corps Act of 1993.
Subsection (a) changes references to the Public Lands
Service Corps and conservation centers and projects in the 1993
Act.
Subsection (b), (c), and (d) amend the findings, purposes,
and definitions, respectively in the 1993 Act.
Subsection (e)(1) redesignates subsections in section 204
of the 1993 Act. Paragraph (2) amends section 204(a) of the
1993 Act to add a Public Lands Service Corps program in the
Department of Commerce, and it adds a new section 204(b), which
establishes offices and coordinators for Corps activities
within the Departments of the Interior, Agriculture, and
Commerce, and establishes an Indian Youth Service Corps liaison
in the Department of the Interior.
Paragraph (3) amends redesignated section 204(c) of the
1993 Act to lower the minimum age of Corps participants from 16
to 15, to raise the maximum age from 25 to 35 for military
veterans, and limit the number of years in which a participant
may be enrolled in the Corps to 2 years, and to authorize the
Secretary to establish a hiring preference for local residents.
Paragraph (4) amends redesignated section 204(d) of the
1993 Act to eliminate the Secretary's authority to enter into
contracts, emphasizing the use of cooperative agreements with
qualified youth or conservation corps as the primary mechanism
for carrying out the program, and to add new provisions for the
recruitment of eligible youths and for giving preferences in
areas where a substantial portion of members are economically,
physically, or educationally disadvantaged.
Paragraph (5) adds a new section 204(e) to the 1993 Act
directing the Secretary to take into account previous training.
Paragraph (6) amends redesignated section 204(f) of the
1993 Act to describe and expand the type of projects that may
be carried out through the Corps.
Paragraph (7) makes clarifying amendments to redesignated
section 204(g) of the 1993 Act.
Paragraph (8) adds new subsections (i) and (j) to section
204 of the 1993 Act. New subsection (i) clarifies that
volunteers from other programs, such as the Retired Senior
Volunteer Program, may participate in Corps projects. New
subsection (j)(1) requires that applicants seeking to become
Corps participants, receive funds under the Corps program, or
supervise Corps participants submit to a criminal history check
in accordance with section 189D(b) of the National and
Community Service Act (42 U.S.C. 12645g(b)). Paragraph (2)
precludes any individual subject to the required background
check under paragraph (1) who refuses to consent to the check,
makes a false statement in connection with the check, is a
registered sex offender, or has been convicted of murder from
becoming a Corps participant, receiving funds under the 1993
Act, or supervising Corps participants unless the Secretary
provides an exemption for good cause.
Subsection (f) amends section 205 of the 1993 Act to
clarify that the Secretaries may provide temporary housing and
transportation for Corps participants, and may recruit mentors,
supervisors, and others to help train and lead the Corps.
Subsection (g) amends section 206 of the 1993 Act to add a
``consulting intern'' program to the Corps to carry out
management analysis for agencies in the three participating
Departments. This provision builds on the National Park
Service's successful use of consulting interns from business
and public management graduate schools to help develop business
plans for units of the National Park System.
Subsection (h) renumbers sections of the 1993 Act.
Subsections (i) adds a new section 207 to the 1993 Act to
authorize the Secretaries to enter into cooperative agreements
and make competitive grants to Indian tribes to establish an
Indian Youth Service Corps to focus on carrying out appropriate
natural and cultural resources conservation projects on Indian
lands.
Subsection (j) adds a new section 208 to the 1993 Act to
require the Secretaries to issue guidelines for the management
of the Corps programs under their jurisdiction.
Subsection (k) clarifies that the Secretaries may reimburse
Corps participants for the cost of travel to and from the Corps
program and modifies the Federal hiring provisions of the 1993
Act.
Subsections (l) and (m) make conforming changes to the
National Service Educational Awards and non-displacement
provisions of the 1993 Act, respectively.
Subsection (n) amends the funding provisions of the 1993
Act to permit qualified youth and conservation corps to use
other Federal funds, such as those from the Corporation for
National and Community Service, to meet their cost-sharing
requirements, and to permit the Secretaries to reduce the cost-
sharing requirements from 25 percent to not less than 10
percent under certain circumstances.
Subsection (o) simplifies the existing authorization for
appropriations for the Corps.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 360--Public Lands Service Corps Act of 2013
S. 360 would amend the Public Lands Corps Act of 1993,
which governs programs that employ young adults to work on
lands managed by the Department of the Interior (DOT), the
Forest Service, and other federal agencies. Under current law,
those programs are permanently authorized to receive
appropriations totaling $12 million a year. Although S. 360
authorizes a number of new activities under the Public Lands
Corps Act, the bill would not increase the amounts authorized
to be appropriated under that act. Thus, CBO estimates that
implementing the bill would have no impact on the federal
budget over the 2014-2018 period. Enacting the bill would not
affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
Existing Public Lands Corps (PLC) programs vary by agency
and funding source. Currently, only some agencies receive
specific appropriations for this program. For example, in 2013,
the Forest Service received an appropriation of $2.5 million to
fund certain PLC projects. The National Park Service also
receives funding for PLC projects, but usually that funding is
derived from recreation fees that the agency is able to use
without further appropriation action. In 2013, the agency spent
$3 million for youth activities at parks.
In addition to changing the name of the Public Lands Corps
to the Public Lands Service Corps (PLSC), S. 360 would:
Expand the program to include the National
Oceanic and Atmospheric Administration;
Assist Indian tribes and related youth
groups with operation of an Indian Youth Service Corps;
Mandate that agencies involved in the
program develop a recruiting program for the corps;
Require DOI to establish a department-level
office to coordinate PLSC programs among its various
bureaus; and
Authorize agencies to use appropriated funds
to provide transportation subsidies to program
participants.
S. 360 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 360.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 360, as ordered reported.
Congressionally Directed Spending
S. 360, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
Executive Communications
The testimony provided by the Forest Service at the April
25, 2013, Subcommittee on Public Lands, Forests, and Mining
hearing on S. 360 follows:
Statement of James M. Pena, Associate Deputy Chief, National Forest
System, Forest Service, Department of Agriculture
Mr. Chairman, Ranking Member Barrasso, and members of the
Committee, thank you for inviting me here today to testify
regarding S. 360, the Public Lands Service Corps Act of 2013.
S. 360 is a welcome amendment to the Public Lands Corps Act
of 1993. The Nation's forests and grasslands are unique and
special ecosystems that the Forest Service manages to meet the
needs of present and future generations. These lands yield
abundant sustainable goods and ecosystem services for the
American people. The National Forest System lands are perfect
places for the Public Lands Service Corps participants to learn
and practice an array of conservation, restoration,
preservation, interpretation and cultural resource activities,
and take advantage of outstanding and unique educational
opportunities. In states in every region, the Forest Service
has benefited greatly from the services of Conservation Corps
on National Forest System lands.
The Department strongly supports S. 360. This bill would
strengthen and facilitate the use of the Public Land Service
Corps (PLSC) program, helping to fulfill the vision that
Secretary Vilsack has for engaging young people across America
to serve their community and their country. It is also
consistent with and will help the Administration to meet the
goals of the President's America's Great Outdoors Initiative,
which called for catalyzing the establishment of a 21st century
Conservation Service Corps (21CSC) to engage young people in
public lands service work.
In January 2013, leaders of eight federal departments and
agencies signed an agreement setting up a national council to
guide implementation of the Administration's 21st Century
Conservation Service Corps (21CSC), a national collaborative
effort between federal and non-federal partners to put
America's youth and returning veterans to work protecting,
restoring and enhancing America's great outdoors. By signing
the Memorandum of Understanding, the Secretaries of
Agriculture, Interior, Commerce, and Labor, as well as the EPA
Administrator, Chair of the President's Council on
Environmental Quality, CEO of the Corporation for National and
Community Service and Assistant Secretary for the Army (Civil
Works) established the National Council for the 21CSC,
implementing the first recommendation of the America's Great
Outdoors Initiative introduced by President Obama in 2010.
Building on the legacy of President Roosevelt's Civilian
Conservation Corps during the Great Depression in the 1930s,
the 21CSC will bring agencies and partners together to help
build and train a workforce that fully represents the diversity
of America while creating the next generation of environmental
stewards and improving the condition of our public lands.
The 21CSC focuses on helping young people--including
diverse low-income, underserved and at-risk youth, as well as
returning veterans--gain valuable training and work experience
while accomplishing needed conservation and restoration work on
public lands, waterways and cultural heritage sites. The
National Council works across the federal government to support
the 21CSC by enhancing partnerships with existing youth corps
programs that utilize PLC around the nation; stimulating
existing and new public-private partnerships; and aligning the
investment of current federal government resources.
S. 360 would help both the Forest Service and our sister
agencies in the Department of the Interior and the Department
of Commerce offer expanded opportunities for our youth to
engage in the care of America's Great Outdoors. Additionally,
the PLC program helps the Department implement critical cost-
effective conservation projects that have direct positive
impacts for the agency and the public.
In recent years, the Forest Service has greatly expanded
partnerships with local, state, and urban based conservation
Corps programs and our Job Corps Center portfolio. Under S.
360, we will be able to increase partnerships with Corps
programs and expand opportunities for Job Corps graduates in
the Green Careers program.
In 2012, our partnerships with the Students Conservation
Association, The Corps Network, and multiple youth,
conservation and veterans Corps in every region resulted in
nearly 9,500 youth and young adults serving on public lands.
The expanded authority provided by S. 360 will improve the Act
by providing increased flexibility to use interns and
Conservation Corps teams. It will also help ensure that
underserved populations are able to participate by defining
minimum match requirements while also providing flexibility
with the match requirement.
The emphasis on experiential training and education will
help promote the value of public service in addition to
contributing to the accomplishment of much needed work. S. 360
will expand our usage of the PLSC in a variety of program areas
by providing additional resources and mechanisms to engage
young people in a range of developmental opportunities. This
authority will further assist in providing even more outdoor
opportunities that will nurture the next generation of public
land stewards.
The broader definition of natural, cultural and historic
resource work under the amendment benefits the Nation's forests
and grasslands by authorizing a wider variety of different
types of youth engagement. The expanded authority to engage
Native Americans through the Indian Youth Service Corps and
resources assistants and consulting interns will contribute to
our goals of creating a more diverse workforce as we seek to
fill positions in an aging workforce. These new and expanded
authorities will ultimately promote public understanding and
appreciation of the mission and work of the federal land,
coastal and ocean management agencies.
We appreciate the flexibility of the expanded authority in
section 205, which would authorize the use of residential
facilities. Our history of program delivery through Forest
Service Job Corps Civilian Conservation Centers has allowed us
to reach more than six million youth since the program was
established in 1964. The U.S. Forest Service operates
residential Civilian Conservation Centers through an
interagency agreement with the Department of Labor Job Corps
program. The 2009 Omnibus appropriations Act authorized the
Forest Service to operate six additional Job Corps Centers
formerly run by the Bureau of Reclamation. The now 28 Job Corps
Civilian Conservation Centers have the capacity to house,
educate and train 6,200 enrollees between the ages of 16 and
24. Our extensive experience operating residential facilities
successfully has resulted in the establishment of many best
practices and in-depth operational knowledge about residential
conservation centers.
The Job Corps Civilian Conservation Centers not only help
cultivate and develop emerging leaders within the Forest
Service, but also provide a pipeline of entry-level workers.
Each year the Forest Service hires dozens of Job Corps
graduates that have participated in forestry and conservation
programs. Through Job Corps, the Forest Service is building a
skilled and diverse workforce capable of advancing the agency's
mission.
With our partners, we can confidently leverage resources
and expand our ability to develop a well-trained and
responsible workforce in natural and cultural resources. Youth
will participate in community service, restoration and
stewardship projects; leadership and civic engagement programs;
recreation; and team building and independent living skills
training.
The Forest Service is uniquely positioned to manage
residential conservation centers on the National Forests and
Grasslands. This initiative could become an important component
of the emerging youth outdoors initiative. It will also provide
us with a unique opportunity to develop and implement
innovative programming that will engage more urban youth and
people that have been previously underserved.
There are a number of implementation issues that should be
considered in establishing new residential conservation
centers. These include the costs of operating and maintaining
the facilities, potential liability issues, and questions about
the impact on contract and labor laws. We would like to work
with the Committee on addressing these types of issues. The
Department of Labor also is reviewing S. 360 to ensure child
labor protections apply for participating youth, and will
address any concerns it has directly with the Subcommittee.
S. 360 would increase the opportunity for Public Lands
Service Corps members to leverage their education and work
experience in obtaining permanent full-time employment with
Federal agencies. While we strongly support S. 360, we offer a
few amendments to the bill that are outlined below:
(1) Hiring preference
The Administration recommends changing eligibility for
former PLSC for noncompetitive hiring status from two years to
one year. This change would make eligibility status consistent
with other Government-wide, non-competitive appointment
authorities based on service outside of the Federal government.
(2) Cost sharing for nonprofit organizations contributing to expenses
of resource assistants and consulting interns
Under current law in the case of resource assistants, and
under S. 360 in the case of consulting interns, sponsoring
organizations are required to cost-share 25 percent of the
expenses of providing and supporting these individuals from
``private sources of funding.'' The Administration recommends
giving agencies the ability to reduce the non-Federal
contribution to no less than 10 percent, if the Secretary
determines it is necessary to enable a greater range of
organizations, such as smaller, community-based organizations
that draw from low-income and rural populations, to participate
in the PLSC program. This would make the cost-share provisions
for resource assistants and consulting interns parallel to the
provisions under the bill for other PLSC participants.
(3) Department-wide authorities
The Administration recommends technical amendments to
clarify that PLSC activities will be carried out on public
lands as enumerated in the law. ``Eligible service lands'' may
be interpreted to include non-Federal lands.
(4) Agreements with partners on training and employing corps members
The Administration recommends striking the provision in S.
360 that would allow PLSC members to receive federally funded
stipends and other PLSC benefits while working directly for
non-Federal third parties. The need for this language is
unclear, since agencies already have flexibility in how they
coordinate work with cooperating associations, educational
institutes, friends groups, or similar nonprofit partnership
organizations. Yet, the language could raise unanticipated
concerns over accountability, liability, and conflicts of
interest. For example, this language could allow an individual
to receive a federally funded stipend under a PLSC agreement,
and then perform work for a different non-federal group (such
as a cooperating association) that is subject to agency
oversight under different agreements. This language could blur
the lines of responsibility that have been established in
response to IG concerns over the management of cooperating
associations and friends groups.
(5) Participants/terms
The Administration recommends striking the provision in S.
360 that would limit the terms of service of Corps
participants. This would retain the authority provided for in
current law which provides for administrative flexibility in
determining the appropriate length of service for Corps
participants.
(6) Authorization of appropriations
The Administration recommends amending S. 360 to eliminate
the $12 million authorization ceiling for the program under
existing law. This would allow for an increased funding for the
program in the future, as the three Departments increase their
use of the Public Lands Service Corps.
The Forest Service has offices already in place to help
coordinate the Public Lands Service Corps through its National
Job Corps Civilian Conservation Centers program and the Office
of Recreation, Heritage and Volunteer Resources Volunteers
(RHVR) and Service program. The Forest Service RHVR Volunteers
and Service program could likely be the coordinating office for
Public Lands Service Corps in the Forest Service.
The Forest Service is fully committed to the advancement of
young people through a variety of conservation projects,
training, and service learning and conservation education.
Along with the Bureau of Land Management, we can provide
participants with an understanding of the agency's history and
training on multiple-use and sustained-yield management of
natural, cultural, historic, archaeological, recreational and
scenic resources. Our mission, ``To sustain the health,
diversity and productivity of the Nation's forests and
grasslands to meet the needs of present and future
generations,'' can only be achieved by educating future
generations and training the future public and private land
managers. In turn, they will promote the value of public
service and continue the conservation legacy of natural
resource management for the United States.
The America's Great Outdoors initiative has generated a
national dialogue on how to reconnect Americans with the
outdoors. The AGO report released February 2011 includes a
major emphasis on youth and career pathways. The very first
goal in the report is ``develop quality conservation jobs and
service opportunities that protect and restore America's
natural and cultural resources''.
The Department and the Forest Service, together with our
sister Departments and agencies, are working together to:
establish a 21CSC; improve federal capacity for recruiting,
training and managing volunteers and volunteer programs to
create a new generation of citizen stewards; and improve career
pathways and to review barriers to jobs in natural resource
conservation and historic and cultural preservation. The
proposed amendments to the Public Lands Service Corps Act will
support these efforts to fully implement the President's
America's Great Outdoors initiative. We look forward to working
with the committee on this bill.
This concludes my testimony and I would be happy to answer
any questions that you may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 360 as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
PUBLIC LANDS CORPS ACT OF 1993
(TITLE II OF THE YOUTH CONSERVATION CORPS ACT OF 1970)
(PUBLIC LAW 91-378, AS AMENDED BY PUBLIC LAW 103-82)
(16 U.S.C. 1721-1729)
TITLE II--[PUBLIC LANDS CORPS] PUBLIC LANDS SERVICE CORPS
[SEC. 201. SHORT TITLE.]
[This title may be cited as the ``Public Lands Corps Act of
1993''.]
SEC. 201. SHORT TITLE; REFERENCE.
(a) Short Title.--This title may be cited as the ``Public
Lands Service Corps Act of 1993''.
(b) References.--Any reference contained in any law,
regulation, document, paper, or other record of the United
States to the `Public Lands Corps Act of 1993' shall be
considered to be a reference to the `Public Lands Service Corps
Act of 1993'.
SEC. 202. CONGRESSIONAL FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Conserving or developing natural and cultural
resources and enhancing and maintaining environmentally
important lands and waters through the use of the
Nation's young men and women in a [Public Lands Corps
can benefit] conservation corps can benefit those men
and women by providing them with education and work
opportunities, furthering their understanding and
appreciation of [the natural and cultural] natural and
cultural resources, and providing a means to pay for
higher education or to repay indebtedness they have
incurred to obtain higher education while at the same
time benefiting the Nation's economy and its
environment.
(2) Participants in conservation corps receive
meaningful education and training, and their experience
with conservation corps provides preparation for
careers in public service.
(3) Young men and women who participate in the
rehabilitation and restoration of the natural,
cultural, historic, archaeological, recreational, and
scenic treasures of the United States will gain an
increased appreciation and understanding of the public
lands and heritage of the United States, and of the
value of public service, and are likely to become life-
long advocates for those values.
[(2)](4) Many facilities and natural, cultural,
historic, archaeological, recreational, and scenic
resources located on eligible service lands are in
disrepair or degraded and in need of labor intensive
rehabilitation, restoration, and enhancement work which
cannot be carried out by Federal agencies at existing
personnel levels.
[(3)](5) Youth conservation corps have established a
good record of restoring and maintaining these kinds of
facilities and resources in a cost effective and
efficient manner, especially when they have worked in
partnership arrangements with government land
management agencies.
(6) The work of conservation corps can benefit
communities adjacent to public lands and facilities
through renewed civic engagement and participation by
corps participants and those they serve, improved
student achievement, and restoration and rehabilitation
of public assets.
[(b) Purpose.--It is the purpose of this title to--
[(1) perform, in a cost-effective manner, appropriate
conservation projects on eligible service lands where
such projects will not be performed by existing
employees;
[(2) assist governments and Indian tribes in
performing research and public education tasks
associated with natural and cultural resources on
eligible service lands;
[(3) expose young men and women to public service
while furthering their understanding and appreciation
of the Nation's natural and cultural resources;
[(4) expand educational opportunities by rewarding
individuals who participate in national service with an
increased ability to pursue higher education or job
training; and
[(5) stimulate interest among the Nation's young men
and women in conservation careers by exposing them to
conservation professionals in land managing agencies.]
(b) Purposes.--The purposes of this Act are--
(1) to introduce young men and women to public
service while furthering their understanding and
appreciation of the natural, cultural, historic,
archaeological, recreational, and scenic resources of
the United States;
(2) to facilitate training and recruitment
opportunities in which service is credited as
qualifying experience for careers in the management of
such resources;
(3) to instill in a new generation of young men and
women from across the United States, including young
men and women from diverse backgrounds, the desire to
seek careers in resource stewardship and public service
by allowing them to work directly with professionals in
agencies responsible for the management of the natural,
cultural, historic, archaeological, recreational, and
scenic resources of the United States;
(4) to perform, in a cost-effective manner,
appropriate natural and cultural resources conservation
projects where such projects are not being performed by
existing employees;
(5) to assist State and local governments and Indian
tribes in performing research and public education
tasks associated with the conservation of natural,
cultural, historic, archaeological, recreational, and
scenic resources;
(6) to expand educational opportunities on public
lands and by rewarding individuals who participate in
conservation corps with an increased ability to pursue
higher education and job training;
(7) to promote public understanding and appreciation
of the missions and the natural and cultural resources
conservation work of the participating Federal agencies
through training opportunities, community service and
outreach, and other appropriate means; and
(8) to create a grant program for Indian tribes to
establish the Indian Youth Service Corps so that Indian
youth can benefit from carrying out projects on Indian
lands that the Indian tribes and communities determine
to be priorities.
SEC. 203. DEFINITIONS.
For purposes of this title:
[(1) Appropriate conservation project.--The term
``appropriate conservation project'' means any project
for the conservation, restoration, construction or
rehabilitation of natural, cultural, historic,
archaeological, recreational, or scenic resources.
[(2) Corps and public lands corps.--The terms
``Corps'' and ``Public Lands Corps'' mean the Public
Lands Corps established under section 204.]
(1) Appropriate natural and cultural resources
conservation project.--The term ``appropriate natural
and cultural resources conservation project'' means any
project for the conservation, restoration,
construction, or rehabilitation of natural, cultural,
historic, archaeological, recreational, or scenic
resources.
(2) Consulting intern.--The term ``consulting
intern'' means a consulting intern selected under
section 206(a)(2).
(3) Corps and public lands service corps.--The terms
``Corps'' and ``Public Lands Service Corps'' mean the
Public Lands Service Corps established under section
204(a).
(4) Corps participant.--The term ``corps
participant'' means an individual enrolled--
(A) in the Corps or the Indian Youth Service
Corps; or
(B) as a resource assistant or consulting
intern.
[(3)](5) Eligible service lands.--The term ``eligible
service lands'' means public lands, Indian lands, and
Hawaiian home lands.
[(4)](6) Hawaiian home lands.--The term ``Hawaiian
home lands'' means all lands given the status of
Hawaiian home lands under section 204 of the Hawaiian
Homes Commission Act, 1920 (42 Stat. 110), or under the
corresponding provision of the Constitution of the
State of Hawaii adopted under section 4 of the Act
entitled ``An Act to provide for the admission of the
State of Hawaii into the Union'', approved March 18,
1959 (Public Law 86-3; 73 Stat. 5).
[(5)](7) Indian.--The term ``Indian'' means a person
who--
(A) is a member of an Indian tribe; or
(B) is a ``Native'', as defined in section
3(b) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602(b)).
[(6)](8) Indian lands.--The term ``Indian lands''
means--
(A) any Indian reservation;
(B) any public domain Indian allotments;
(C) any former Indian reservation in the
State of Oklahoma;
(D) any land held by incorporated Native
groups, regional corporations, and village
corporations under the Alaska Native Claims
Settlement Act (43 U.S.C. 1701 et seq.); and
(E) any land held by dependent Indian
communities within the borders of the United
States whether within the original or
subsequently acquired territory thereof, and
whether within or without the limits of a
State.
[(7)](9) Indian tribe.--The term ``Indian tribe''
means an Indian tribe, band, nation, or other organized
group or community, including any Native village,
Regional Corporation, or Village Corporation, as
defined in subsection (c), (g), or (j), respectively,
of section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602 (c), (g), or (j)), that is recognized
as eligible for the special programs and services
provided by the United States under Federal law to
Indians because of their status as Indians.
(10) Indian youth service corps.--The term ``Indian
Youth Service Corps'' means a qualified youth or
conservation corps established under section 207 that--
(A) enrolls individuals between the ages of
15 and 25, inclusive, a majority of whom are
Indians; and
(B) is established pursuant to a tribal
resolution that describes the agreement between
the Indian tribe and the qualified youth or
conservation corps to operate an Indian Youth
Service Corps program for the benefit of the
members of the Indian tribe.
[(8)](11) Priority project.--The term ``priority
project'' means an [appropriate conservation project]
appropriate natural and cultural resources conservation
project conducted on eligible service lands to further
1 or more of the purposes of the Healthy Forests
Restoration Act of 2003 ( 16 U.S.C. 6501 et seq.), as
follows:
(A) To reduce wildfire risk to a community,
municipal water supply, or other at-risk
Federal land.
(B) To protect a watershed or address a
threat to forest and rangeland health,
including catastrophic wildfire.
(C) To address the impact of insect or
disease infestations or other damaging agents
on forest and rangeland health.
(D) To protect, restore, or enhance forest
ecosystem components to--
(i) promote the recovery of
threatened or endangered species;
(ii) improve biological diversity; or
(iii) enhance productivity and carbon
sequestration.
[(9) Public lands.--The term ``public lands'' means
any lands or waters (or interest therein) owned or
administered by the United States, except that such
term does not include any Indian lands.]
(12) Public lands.--The term ``public lands'' means
any land or water (or interest therein) owned or
administered by the United States, including those
areas of coastal and ocean waters, the Great Lakes and
their connecting waters, and submerged lands over which
the United States exercises jurisdiction, except that
such term does not include Indian lands.
[(10)](13) Qualified youth or conservation corps.--
The term ``qualified youth or conservation corps''
means any program established by a State or local
government, by the governing body of any Indian tribe,
or by a nonprofit organization that--
(A) is capable of offering meaningful, [full-
time,] productive work for individuals between
the ages of [16] 15 and 25, inclusive, in a
natural or cultural resource setting on
eligible service lands;
(B) gives participants a mix of work
experience, basic and life skills, education,
training, and support services; [and]
(C) provides participants with the
opportunity to develop citizenship values and
skills through service to their community and
the United States[.]; and
(D) makes available for audit for each fiscal
year for which the qualified youth or
conservation corps receives Federal funds under
this Act, all information pertaining to the
expenditure of the funds, any matching funds,
and participant demographics.
(14) Residential conservation centers.--The term
``residential conservation centers'' means the
facilities authorized under section 205.
[(11)](15) Resource assistant.--The term ``resource
assistant'' means a resource assistant selected under
section [206]206(a)(1).
[(12)](16) Secretary.--The term ``Secretary'' means--
(A) with respect to National Forest System
land, the Secretary of Agriculture; [and]
(B) with respect to Indian lands, Hawaiian
home lands, or land administered by the
Department of the Interior, the Secretary of
the Interior[.]; and
(C) with respect to the National Marine
Sanctuary System, coral reefs, and other
coastal, estuarine, and marine habitats, and
other lands and facilities administered by the
National Oceanic and Atmospheric
Administration, the Secretary of Commerce.
[(13)](17) State.--The term ``State'' means any State
of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the Virgin Islands
of the United States, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
SEC. 204. [PUBLIC LANDS CORPS] PUBLIC LANDS SERVICE CORPS PROGRAM.
[(a) Establishment of Public Lands Corps.--There is hereby
established in the Department of the Interior and the
Department of Agriculture a Public Lands Corps.]
(a) Establishment of Public Lands Service Corps.--There is
established in the Department of the Interior, the Department
of Agriculture, and the Department of Commerce a Public Lands
Service Corps.
(b) Establishment of Corps Office; Coordinators; Liaison.--
(1) Establishment of offices.--
(A) Department of the interior.--The
Secretary of the Interior shall establish a
department-level office to coordinate the Corps
activities within the Department of the
Interior.
(B) Department of agriculture.--The Secretary
of Agriculture shall establish within the
Forest Service an office to coordinate the
Corps activities within that agency.
(C) Department of commerce.--The Secretary of
Commerce shall establish within the National
Oceanic and Atmospheric Administration an
office to coordinate the Corps activities
within that agency.
(2) Establishment of coordinators.--The Secretary
shall designate a Public Lands Service Corps
coordinator for each agency under the jurisdiction of
the Secretary that administers Corps activities.
(3) Establishment of liaison.--The Secretary of the
Interior shall establish an Indian Youth Service Corps
liaison that will--
(A) provide outreach to Indian tribes about
opportunities for establishing Corps and Indian
Youth Service Corps programs; and
(B) coordinate with the Tribal Liaison of the
Corporation for National Service to identify
and establish Corps and Indian Youth Service
Corps opportunities for Indian youth.
[(b) Participants.--The Corps shall consist of individuals
between the ages of 16 and 25, inclusive, who are enrolled as
participants in the Corps by the Secretary of the Interior or
the Secretary of Agriculture. To be eligible for enrollment in
the Corps, an individual shall satisfy the criteria specified
in section 137(b) of the National and Community Service Act of
1990. The Secretaries may enroll such individuals in the Corps
without regard to the civil service and classification laws,
rules, or regulations of the United States. The Secretaries may
establish a preference for the enrollment in the Corps of
individuals who are economically, physically, or educationally
disadvantaged.]
(c) Participants.--
(1) In general.--The Secretary may enroll in the
Corps individuals who are--
(A) hired by an agency under the jurisdiction
of the Secretary to perform work authorized
under this Act; or
(B) members of a qualified youth or
conservation corps with which the Secretary has
entered into a cooperative agreement to perform
work authorized under this Act.
(2) Resource assistants and consulting interns.--The
Secretary may also enroll in the Corps resource
assistants and consulting interns in accordance with
section 206(a).
(3) Eligibility requirements.--To be eligible for
enrollment as a Corps participant, an individual
shall--
(A)(i) be between the ages of 15 and 25,
inclusive; and
(ii) in the case of a military veteran, be
not older than 35; and
(B) satisfy the requirements of section
137(a)(5) of the National and Community Service
Act of 1990 (42 U.S.C. 12591(a)(5)).
(4) Terms.--Each Corps participant may be enrolled in
the Corps for a term of up to 2 years of service, which
may be served over a period that exceeds 2 calendar
years.
(5) Civil service.--An individual may be enrolled as
a Corps participant without regard to the civil service
and classification laws, rules, or regulations of the
United States.
(6) Preference.--The Secretary may establish a
preference for the enrollment as Corps participants
individuals who are economically, physically, or
educationally disadvantaged.
(7) Local preference.--The Secretary may establish a
preference for enrollment of Corps participants
individuals who live in that State or region.
[(c)](d) Qualified youth or conservation corps.--
(1) In general.--The Secretary is authorized to enter
into [contracts and] cooperative agreements with any
qualified youth or conservation corps to perform
[appropriate conservation projects] appropriate natural
and cultural resources conservation projects referred
to in [subsection (d)] subsection (f) of this section.
[(2) Preference.--
[(A) In general.--For purposes of entering
into contracts and cooperative agreements under
paragraph (1), the Secretary may give
preference to qualified youth or conservation
corps located in a specific area that have a
substantial portion of members who are
economically, physically, or educationally
disadvantaged to carry out projects within the
area.
[(B) Priority projects.--In carrying out
priority projects in a specific area, the
Secretary shall, to the maximum extent
practicable, give preference to qualified youth
or conservation corps located in that specific
area that have a substantial portion of members
who are economically, physically, or
educationally disadvantaged.]
(2) Recruitment.--The Secretary shall carry out, or
enter into cooperative agreements to provide, a program
to attract eligible youth to the Corps by publicizing
Corps opportunities through high schools, colleges,
employment centers, electronic media, and other
appropriate institutions and means.
(3) Preference.--In entering into cooperative
agreements under paragraph (1) or awarding competitive
grants to Indian tribes or tribally authorized
organizations under section 207, the Secretary may give
preference to qualified youth or conservation corps
that are located in specific areas where a substantial
portion of members are economically, physically, or
educationally disadvantaged.
(e) Training.--For purposes of training, the Secretary
shall take into account training already received by Corps
participants enrolled from qualified youth or conservation
corps.
[(d)](f) Projects To Be Carried Out.--
(1) [In general.--] Use of corps; projects.--[The
Secretary may utilize the Corps or any qualified youth
or conservation corps to carry out]
(A) In general.--The Secretary may use the
Corps to carry out, with appropriate
supervision and training, [appropriate
conservation projects] appropriate natural and
cultural resources conservation projects which
the Secretary is authorized to carry out under
other authority of law [on public lands] on
eligible service lands.
(B) Projects.--Appropriate natural and
cultural resources conservation projects
carried out under this section may include--
(i) protecting, restoring, or
enhancing ecosystem components to
promote species recovery, improve
biological diversity, enhance
productivity and carbon sequestration,
and enhance adaptability and resilience
of eligible service lands and resources
to climate change and other natural and
human disturbances;
(ii) promoting the health of eligible
service lands, including--
(I) protecting and restoring
watersheds and forest,
grassland, riparian, estuarine,
marine, or other habitat;
(II) reducing the risk of
uncharacteristically severe
wildfire and mitigating damage
from insects, disease, and
disasters;
(III) controlling erosion;
(IV) controlling and removing
invasive, noxious, or nonnative
species; and
(V) restoring native species;
(iii) collecting biological,
archaeological, and other scientific
data, including climatological
information, species populations and
movement, habitat status, and other
information;
(iv) assisting in historical and
cultural research, museum curatorial
work, oral history projects,
documentary photography, and activities
that support the creation of public
works of art related to eligible
service lands; and
(v) constructing, repairing,
rehabilitating, and maintaining roads,
trails, campgrounds and other visitor
facilities, employee housing, cultural
and historic sites and structures, and
other facilities that further the
purposes of this Act.
(2) Visitor services.--The Secretary may--
(A) enter into or amend an existing
cooperative agreement with a cooperating
association, educational institution, friends
group, or similar nonprofit partner
organization for the purpose of providing
training and work experience to Corps
participants in areas such as sales, office
work, accounting, and management, provided that
the work experience directly relates to the
conservation and management of eligible service
lands; and
(B) allow Corps participants to help promote
visitor safety and enjoyment of eligible
service lands, and assist in the gathering of
visitor use data.
(3) Interpretation.--The Secretary may permit Corps
participants to provide interpretation or education
services for the public under the direct and immediate
supervision of an agency employee--
(A) to provide orientation and information
services to visitors;
(B) to assist agency employees in the
delivery of interpretive or educational
programs where audience size, environmental
conditions, safety, or other factors make such
assistance desirable;
(C) to present programs that relate the
personal experience of the Corps participants
for the purpose of promoting public awareness
of the Corps, the role of the Corps in public
land management agencies, and the availability
of the Corps to potential participants; and
(D) to create nonpersonal interpretive
products, such as website content, Junior
Ranger program books, printed handouts, and
audiovisual programs.
[(2)](4) Projects on indian lands.--[Appropriate
conservation projects] Appropriate natural and cultural
resources conservation projects may also be carried out
under this title on Indian lands with the approval of
the Indian tribe involved and on Hawaiian home lands
with the approval of the Department of Hawaiian Home
Lands of the State of Hawaii.
[(3)](5) Disaster prevention or relief project.--The
Secretary may authorize [appropriate conservation
projects] appropriate natural and cultural resources
conservation projects and other appropriate projects to
be carried out on Federal, State, local, or private
land as part of a Federal disaster prevention or relief
effort.
[(e)](g) Preference for Certain Projects.--In selecting
[appropriate conservation projects] appropriate natural and
cultural resources conservation projects to be carried out
under this title, the Secretary shall give preference to [those
projects which] priority projects and other projects that--
(1) will provide long-term benefits to the public;
[(2) will instill in the enrollee involved a work
ethic and a sense of public service;]
(2) will instill in Corps participants a work ethic
and a sense of public service;
(3) will be labor intensive;
(4) can be planned and initiated promptly; and
(5) will provide academic, experiential, or
environmental education opportunities.
[(f)](h) Consistency.--Each [appropriate conservation
project] appropriate natural and cultural resources
conservation project carried out under this title on eligible
service lands shall be consistent with the provisions of law
and policies relating to the management and administration of
such lands, with all other applicable provisions of law, and
with all management, operational, and other plans and documents
which govern the administration of the area.
(i) Other Participants.--The Secretary may allow volunteers
from other programs administered or designated by the Secretary
to participate as volunteers in projects carried out under this
section.
(j) Criminal History Checks.--
(1) In general.--The requirements of section 189D(b)
of the National and Community Service Act of 1990 (42
U.S.C. 12645g(b)) shall apply to each individual age 18
or older seeking--
(A) to become a Corps participant;
(B) to receive funds authorized under this
Act; or
(C) to supervise or otherwise have regular
contact with Corps participants in activities
authorized under this Act.
(2) Eligibility prohibition.--If any of paragraphs
(1) through (4) of section 189D(c) of the National and
Community Service Act of 1990 (42 U.S.C. 12645g(c)(1)-
(4)) apply to an individual described in paragraph (1),
that individual shall not be eligible for the position
or activity described in paragraph (1), unless the
Secretary provides an exemption for good cause.
SEC. 205. [CONSERVATION CENTERS] RESIDENTIAL CONSERVATION CENTERS AND
PROGRAM SUPPORT.
(a) Establishment and Use.--
(1) In general.--The Secretary may establish and use
[conservation centers] residential conservation centers
owned and operated by the Secretary for--
(A) use by the [Public Lands] Corps; and
(B) the conduct of [appropriate conservation
projects] appropriate natural and cultural
resources conservation project under this
title.
(2) Assistance for [conservation centers] residential
conservation centers._The Secretary may provide to a
[conservation center] residential conservation center
established under paragraph (1) any services,
facilities, equipment, and supplies that the Secretary
determines to be necessary for the [conservation
center] residential conservation center.
(3) Standards for [conservation centers] residential
conservation centers.--The Secretary shall--
(A) establish basic standards for health,
nutrition, sanitation, and safety for all
[conservation centers] residential conservation
centers established under paragraph (1); and
(B) ensure that the standards established
under subparagraph (A) are enforced.
(4) Management.--As the Secretary determines to be
appropriate, the Secretary may enter into a contract or
other appropriate arrangement with a State or local
government agency or private organization to provide
for the management of a [conservation center]
residential conservation center.
(b) Logistical support.--[The Secretary]
(1) In general.--The Secretary may make arrangements
with the Secretary of Defense to have logistical
support provided by the Armed Forces to the Corps and
any [conservation center] residential conservation
center established under this section, where feasible.
Logistical support may include the provision of
temporary tent shelters where needed, transportation,
and residential supervision.
(2) Temporary housing.--The Secretary may make
arrangements with another Federal agency, State, local
government, or private organization to provide
temporary housing for Corps participants as needed and
available.
(3) Transportation.--In project areas where Corps
participants can reasonably be expected to reside at
their own homes, the Secretary may fund or provide
transportation to and from project sites.
(c) Use of Military Installations.--The Secretary may make
arrangements with the Secretary of Defense to identify military
installations and other facilities of the Department of Defense
and, in consultation with the adjutant generals of the State
National Guards, National Guard facilities that may be used, in
whole or in part, by the Corps for training or housing Corps
participants.
(d) Mentors.--The Secretary may recruit from programs, such
as Federal volunteer and encore service programs, and from
veterans groups, military retirees, and active duty personnel,
such adults as may be suitable and qualified to provide
training, mentoring, and crew-leading services to Corps
participants; and
[(f)](e) Assistance.--The Secretary may provide any
services, facilities, equipment, supplies, technical
assistance, oversight, monitoring, or evaluations [that are
appropriate to carry out this title.] that the Secretary
determines to be necessary for a residential conservation
center.
SEC. 206. RESOURCE ASSISTANTS AND CONSULTING INTERNS.
[(a) Authorization.--The Secretary is authorized to
provide, individual placements of resource assistants with any
Federal land managing agency under the jurisdiction of the
Secretary resource assistants to carry out research or resource
protection activities on behalf of the agency. To be eligible
for selection as a resource assistant, an individual must be at
least 17 years of age. The Secretary may select resource
assistants without regard to the civil service and
classification laws, rules, or regulations of the United
States. The Secretary shall give a preference to the selection
of individuals who are enrolled in an institution of higher
education or are recent graduates from an institution of higher
education, with particular attention given to ensure full
representation of women and participants from historically
black, Hispanic, and Native American schools.
[(b) Use of Existing Nonprofit Organizations.--Whenever one
or more existing nonprofit organizations can provide, in the
judgment of the Secretary, appropriate recruitment and
placement services to fulfill the requirements of this section,
the Secretary may implement this section through such existing
organizations. Participating nonprofit organizations shall
contribute to the expenses of providing and supporting the
resource assistants, through private sources of funding, at a
level equal to 25 percent of the total costs of each
participant in the Resource Assistant program who has been
recruited and placed through that organization. Any such
participating nonprofit conservation service organization shall
be required, by the respective land managing agency, to submit
an annual report evaluating the scope, size, and quality of the
program, including the value of work contributed by the
Resource Assistants, to the mission of the agency.]
(a) Authorization.--
(1) Resource assistants.--
(A) In general.--The Secretary may provide
individual placements of resource assistants
with any agency under the jurisdiction of the
Secretary that carries out appropriate natural
and cultural resources conservation projects to
carry out research or resource protection
activities on behalf of the agency.
(B) Eligibility.--To be eligible for
selection as a resource assistant, an
individual shall be at least 17 years of age.
(C) Preference.--In selecting resource
assistants for placement under this paragraph,
the Secretary shall give a preference to
individuals who are enrolled in an institution
of higher education or are recent graduates
from an institution of higher education, with
particular attention given to ensuring full
representation of women and participants from
Historically Black Colleges and Universities,
Hispanic-serving institutions, and Tribal
Colleges and Universities.
(2) Consulting interns.--
(A) In general.--The Secretary may provide
individual placements of consulting interns
with any agency under the jurisdiction of the
Secretary that carries out appropriate natural
and cultural resources conservation projects to
carry out management analysis activities on
behalf of the agency.
(B) Eligibility.--To be eligible for
selection as a consulting intern, an individual
shall be enrolled in, and have completed at
least 1 full year at, a graduate or
professional school that has been accredited by
an accrediting body recognized by the Secretary
of Education.
(b) Use of Existing Nonprofit Organizations.--
(1) In general.--Whenever 1 or more nonprofit
organizations can provide appropriate recruitment and
placement services to fulfill the requirements of this
section, the Secretary may implement this section
through such organizations.
(2) Expenses.--Participating organizations shall
contribute to the expenses of providing and supporting
the resource assistants or consulting interns from
sources of funding other than the Secretary, at a level
of not less than 25 percent of the total costs (15
percent of which may be from in-kind sources) of each
participant in the resource assistant or consulting
intern program who has been recruited and placed
through that organization.
(3) Reporting.--Each participating organization shall
be required to submit an annual report evaluating the
scope, size, and quality of the program, including the
value of work contributed by the resource assistants
and consulting interns, to the mission of the agency.
SEC. 207. INDIAN YOUTH SERVICE CORPS.
(a) Authorization of Cooperative Agreements and Competitive
Grants.--The Secretary is authorized to enter into cooperative
agreements with, or make competitive grants to, Indian tribes
and qualified youth or conservation corps for the establishment
and administration of Indian Youth Service Corps programs to
carry out appropriate natural and cultural resources
conservation projects on Indian lands.
(b) Application.--To be eligible to receive assistance
under this section, an Indian tribe or a qualified youth or
conservation corps shall submit to the Secretary an application
in such manner and containing such information as the Secretary
may require, including--
(1) a description of the methods by which Indian
youth will be recruited for and retained in the Indian
Youth Service Corps;
(2) a description of the projects to be carried out
by the Indian Youth Service Corps;
(3) a description of how the projects were
identified; and
(4) an explanation of the impact of, and the direct
community benefits provided by, the proposed projects.
SEC. 208. GUIDANCE.
Not later than 18 months after funds are made available to
the Secretary to carry out this Act, the Secretary shall issue
guidelines for the management of programs under the
jurisdiction of the Secretary that are authorized under this
Act.
SEC. [207] 209. LIVING ALLOWANCES AND TERMS OF SERVICE.
[(a) Living Allowances.--The Secretary shall provide each
participant in the Public Lands Corps and each resource
assistant with a living allowance in an amount established by
the Secretary.
[(b) Terms of Service.--Each participant in the Corps and
each resource assistant shall agree to participate in the Corps
or serve as a resource assistant, as the case may be, for such
term of service as may be established by the Secretary
enrolling or selecting the individual.
[(c) Hiring.--The Secretary may--
[(1) grant to a member of the Public Lands Corps
credit for time served with the Public Lands Corps,
which may be used toward future Federal hiring; and
[(2) provide to a former member of the Public Lands
Corps noncompetitive hiring status for a period of not
more than 120 days after the date on which the member's
service with the Public Lands Corps is complete.]
(a) Living Allowances.--
(1) In general.--The Secretary shall provide each
Corps participant with a living allowance in an amount
established by the Secretary.
(2) Travel costs.--The Secretary may reimburse Corps
participants for travel costs at the beginning and end
of the term of service of the Corps participants.
(b) Terms of Service.--
(1) In general.--Each Corps participant shall agree
to participate for such term of service as may be
established by the Secretary.
(2) Consultations.--With respect to the Indian Youth
Service Corps, the term of service shall be established
in consultation with the affected Indian tribe or
tribally authorized organization.
(c) Hiring Preference and Future Employment.--The Secretary
may--
(1) grant to a Corps participant credit for time
served as a Corps participant, which may be used toward
future Federal hiring;
(2) provide to a former participant of the Corps or
the Indian Youth Service Corps noncompetitive hiring
status for a period of not more than 2 years after the
date on which the service of the candidate in the Corps
or the Indian Youth Service Corps was complete, if the
candidate--
(A) has served a minimum of 960 hours on an
appropriate natural or cultural resources
conservation project that included at least 120
hours through the Corps or the Indian Youth
Service Corps; and
(B) meets Office of Personnel Management
qualification standards for the position for
which the candidate is applying;
(3) provide to a former resource assistant or
consulting intern noncompetitive hiring status for a
period of not more than 2 years after the date on which
the individual has completed an undergraduate or
graduate degree, respectively, from an accredited
institution, if the candidate--
(A) successfully fulfilled the resource
assistant or consulting intern program
requirements; and
(B) meets Office of Personnel Management
qualification standards for the position for
which the candidate is applying; and
(4) provide, or enter into contracts or cooperative
agreements with qualified employment agencies to
provide, alumni services such as job and education
counseling, referrals, verification of service,
communications, and other appropriate services to Corps
participants who have completed the term of service.
SEC. [208]210. NATIONAL SERVICE EDUCATIONAL AWARDS.
(a) Educational Benefits and Awards.--If a [participant in
the Public Lands Corps or a resource assistant] Corps
participant also serves in an approved national service
position designated under subtitle C of title I of the National
and Community Service Act of 1990, the [participant or resource
assistant] Corps participant shall be eligible for a national
service educational award in the manner prescribed in subtitle
D of such title upon successfully complying with the
requirements for the award. The period during which the
national service educational award may be used, the purposes
for which the award may be used, and the amount of the award
shall be determined as provided under such subtitle.
(b) Forbearance in the Collection of Stafford Loans.--For
purposes of section 428 of the Higher Education Act of 1965, in
the case of borrowers who are [either participants in the Corps
or resource assistants] Corps participants, upon written
request, a lender shall grant a borrower forbearance on such
terms as are otherwise consistent with the regulations of the
Secretary of Education, during periods in which the borrower is
serving as such a participant [or a resource assistant].
SEC. [209]211. NONDISPLACEMENT.
The nondisplacement requirements of section 177 of the
National and Community Service Act of 1990 shall be applicable
to all [activities carried out by the Public Lands Corps, to
all activities carried out under this title by a qualified
youth or conservation corps, and to the selection and service
of resource assistants.] Corps participants.
SEC. [210]212. FUNDING.
(a) Cost Sharing.--
(1) Projects by qualified youth or conservation
corps.--The Secretary is authorized to pay not more
than 75 percent of the costs of any [appropriate
conservation project] appropriate natural and cultural
resources conservation project carried out pursuant to
this title on public lands by a qualified youth or
conservation corps. The remaining 25 percent of the
costs of such a project may be provided from
[nonfederal sources] sources other than the Secretary
in the form of funds, services, facilities, materials,
equipment, or any combination of the foregoing. The
Secretary may pay up to 90 percent of the costs of a
project if the Secretary determines that the reduction
is necessary to enable participation from a greater
range of organizations or individuals. No cost sharing
shall be required in the case of any [appropriate
conservation project] appropriate natural and cultural
resources conservation project carried out on Indian
lands or Hawaiian home lands under this title.
(2) [Public lands] Corps projects.--The Secretary is
authorized to accept donations of funds, services,
facilities, materials, or equipment for the purposes of
operating the [Public Lands Corps] Corps or Indian
Youth Service Corps and carrying out [appropriate
conservation projects] appropriate natural and cultural
resources conservation projects by the Corps or Indian
Youth Service Corps. However, nothing in this title
shall be construed to require any cost sharing for any
project carried out directly by the Corps or Indian
Youth Service Corps.
[(b) Funds Available Under National and Community Service
Act.--In order to carry out the Public Lands Corps or to
support resource assistants and qualified youth or conservation
corps under this title, the Secretary shall be eligible to
apply for and receive assistance under section 121(b) of the
National and Community Service Act of 1990.]
(b) Funds Available Under National and Community Service
Act.--To carry out this Act, the Secretary shall be eligible to
apply for and receive assistance under section 121(b) of the
National and Community Service Act (42 U.S.C. 12571(b)).
(c) Other Funds.--Amounts appropriated pursuant to the
authorization of appropriations under [section 211] section 213
are in addition to amounts allocated to the [Public Lands
Corps] Corps or Indian Youth Service Corps through other
Federal programs or projects.
SEC. [211]213. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
carry out this title $12,000,000 for each fiscal [year, of
which $8,000,000 is authorized to carry out priority projects
and $4,000,000 of which is authorized to carry out other
appropriate conservation projects.] year.
[(b) Disaster Relief or Prevention Projects.--
Notwithstanding subsection (a), any amounts made available
under that subsection shall be available for disaster
prevention or relief projects.]
[(c)](b) Availability of Funds.--Notwithstanding any other
provision of law, amounts appropriated for any fiscal year to
carry out this title shall remain available for obligation and
expenditure until the end of the fiscal year following the
fiscal year for which the amounts are appropriated.